Extradition Treaty UAE and Australia

Extradition between Australia and the United Arab Emirates is a complex legal process that requires in-depth knowledge of international law, the national laws of both countries, and the nuances of interstate agreements. Any delay can complicate the defense and lead to undesirable consequences. If you or your loved ones are faced with extradition proceedings, it is important to enlist the support of a qualified lawyer as soon as possible who can effectively defend your interests.

Extradition is a legal process by which one state hands over to another a person accused of or convicted of a crime for trial or to face criminal punishment. It is a key tool in international cooperation to combat transnational crime and prevents offenders from fleeing prosecution abroad.

Extradition is based on principles of international law and is governed by both bilateral and multilateral treaties. It helps maintain the rule of law by preventing criminals from evading justice across geographic boundaries.

Suspects for whom extradition has been requested have the right to access to counsel, a fair trial, the opportunity to appeal and lodge motions, notification of the reasons for arrest and details of the request.

In 2007, the United Arab Emirates and Australia signed a bilateral extradition treaty, which entered into force in 2010. This agreement regulates the procedure for the transfer of accused or convicted persons between the two countries, promotes cooperation in the fight against transnational crime and ensures justice. In order for a crime to be considered grounds for extradition, it must be punishable by imprisonment for at least 1 year in both countries. 

This requirement includes serious offenses: murder, causing grievous bodily harm, robbery, assault, drug trafficking, human trafficking and illegal migration, terrorism and the financing of terrorist organizations, money laundering, corruption, fraud, tax evasion on an especially large scale, illegal arms trafficking, hacker attacks, sexual and labor exploitation.

The treaty allows the UAE and Australia to effectively cooperate in combating crimes that cross national borders. The document ensures that criminals will not be able to evade justice by hiding in another country.

The crime for which extradition is requested must be recognized as a criminal offense in both states and entail a prison sentence of at least 1 year. The requesting state must provide sufficient evidence to support the justification of the charges.

According to the principle of speciality, the person transferred can only be held liable for the crime specified in the request. Prosecution for other offenses requires separate approval.

A person cannot be extradited if he or she has already been convicted or acquitted of the same crime in the requesting or any other country. The principle of non bis in idem ensures that a person will not be tried again for the same act. Extradition is also impossible if the statute of limitations for prosecution or execution of punishment for the crime has expired in one of the countries.

Extradition is not possible if:

Extradition is also not permitted for crimes of a political nature (participation in rallies, protests, criticism of the government, etc.). The exception is terrorist acts or crimes against humanity, even if they are related to criminal activity. If there is reason to believe that a person will be persecuted on the basis of race, religion, nationality, or political beliefs, extradition is not carried out.

The Extradition Process in the UAE

The UAE has entered into a number of bilateral and multilateral extradition treaties with various countries. The country is also a party to a number of international conventions, such as the United Nations Convention against Transnational Organized Crime. The domestic legislation governing extradition is provided by Federal Law No. 39 of 2006 on International Judicial Cooperation in Criminal Matters.

The process begins with a foreign country making a formal extradition request through diplomatic channels or Interpol. The request must contain all the necessary information, including details of the charges, copies of arrest warrants, and evidence linking the person to the crime.

The UAE Ministry of Justice receives and reviews the request for compliance with formal requirements and international obligations. At this stage, it assesses whether the request complies with the terms of existing treaties and domestic legislation.

If the request is deemed acceptable, UAE law enforcement authorities may temporarily arrest the suspect. This is done to ensure his or her presence at the upcoming extradition hearing. The suspect is brought before a competent court, where the grounds for extradition and his rights are explained to him. The court verifies the legality of the arrest and the existence of sufficient grounds to continue the process. The court analyzes the evidence presented, verifies its sufficiency and compliance with the requirements of the law.

If the court decides in favor of extradition, the suspect has the right to appeal this decision to higher courts. The appeal process must be completed within the time limits established by law. After all legal proceedings and appeals are completed, the final decision is made by the Ministry of Justice or another authorized body.

If a decision is made to extradite, the UAE authorities coordinate with the requesting state the details of the suspect’s transfer. Extradition is carried out within the established time limits and in accordance with international standards.

The Extradition Process in Australia

Extradition in Australia is governed by the Extradition Act 1988. The country has bilateral extradition treaties with many countries and is a party to a number of international conventions, such as the UN Convention against Transnational Organized Crime. The Attorney-General’s Department is responsible for processing extradition requests. 

The process begins with the requesting state making a formal request for extradition to the Attorney-General’s Department. The request must include:

The Attorney-General considers the request to ensure that it complies with the requirements of the Act and Australia’s international obligations. At this stage, the sufficiency of the evidence presented, the absence of a political motive, and the compliance of the offence with the principle of double criminality are assessed.

If the Attorney-General considers the request admissible, he or she issues a notice to proceed, allowing the legal proceedings for extradition to begin.

Once the notice is issued, the magistrate may issue a warrant for the arrest of the suspect, which gives law enforcement the power to make a temporary arrest.

Once arrested, the suspect is brought before the court for the first hearing. At this stage, the grounds for arrest and details of the extradition request are explained to the suspect, the possibility of bail is considered, and a date for the final hearing is set.

At the extradition hearing, the magistrate decides whether the suspect should be extradited. The legal basis for the request, the sufficiency of the evidence, compliance with procedural rules, and the presence of exceptions preventing extradition are considered.

If the magistrate decides that the suspect should be extradited, he or she refers the case to the Attorney-General for a final decision. If not, the suspect is released.

The suspect has the right to appeal the magistrate’s decision to higher courts, including the Federal Court of Australia and the High Court of Australia. Once all court proceedings have been completed, the Attorney General makes the final decision on extradition. Extradition must be carried out within two months of the final decision, unless there is further delay.

One of the main issues is the protection of human rights. Extradition may be refused if there is a risk of violation of the requested person’s fundamental rights: risk of torture or ill-treatment, unfair trial or conditions of detention that do not meet international standards.

In the United Arab Emirates, cases of torture during imprisonment are often documented. The authorities keep the court’s decision and the place of detention secret, thereby depriving the person of the right to legal defense.

In addition, prisoners reported that they were exposed to extreme temperatures and constant blinding light, sleep deprivation, beatings and even electric shocks. Subsequently, an improvement in the legal situation in the Emirates was noted, but the reforms have not yet become part of the daily practice of the courts, law enforcement agencies and the judicial system.

In the UAE, the death penalty is still provided for some crimes, which significantly complicates extradition to Australia, where this punishment has long been abolished. Therefore, extradition can only be carried out if guarantees are provided that the death penalty will be abandoned. Homosexuality and any sexual relations outside of marriage are illegal and punishable by at least one year in prison. Homosexual acts can be punishable by death.

Freedom of speech and press in the United Arab Emirates is virtually non-existent. Opposition journalists face long prison terms. According to the report of the international organization Reporters Without Borders, the UAE is ranked 138 out of 180 in the press freedom ranking.

The right to privacy in the UAE is also not respected. Reports of large-scale cyber surveillance to track political opponents and critics continue to grow every day. Although, according to an international agreement and an agreement with Australia, extradition cannot be applied to politically motivated acts.

It is therefore extremely important to fight for your rights and use all available legal tools to challenge the extradition request. If the suspect does not agree to extradition, he can file an objection at the trial stage.

After temporary arrest, the suspect must be presented before the court. At this stage, the court assesses the compliance of the request with national legislation and international obligations. The suspect has the right to present his arguments against extradition. Among the most common grounds for challenging the extradition are the following:

If the court of first instance decides in favor of extradition, the suspect has the right to appeal this decision to higher courts. Each country has its own peculiarities of the appeal procedure.

In the UAE, the petition is filed with the Court of Appeal. The decision of the Court of Appeal can be challenged in the Court of Cassation. In Australia, the appeal is filed with the Federal Court. Then the decision can be transferred to the High Court of Australia, which is the final instance.

If national courts decide to extradite, the person can appeal to international organizations, such as the UN Human Rights Committee, the European Court of Human Rights (if applicable) and many other international structures that counter cases of human rights violations.

The appeal procedure requires a competent approach and professional support. Our lawyers will help assess the legality of the request, prepare legally sound objections to extradition, represent the client’s interests in court and when filing appeals.

Our experts have extensive experience in extradition cases and are ready to support you at every stage of the process. We provide clients with the following services

We work with government agencies and investigative bodies in both countries to achieve the most favorable outcome. Our team develops effective strategies for each client, taking into account the individual characteristics of each case.

Contact us right now for an initial consultation and to discuss further steps to protect your interests. Our experts are ready to help you in any situation.